Ramdeen vs State Of Madhya Pradesh @RESPONDEN

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Heard on the question of admission.

Admit.

Shri C.P.Singh, Panel lawyer accepts notice on behalf of the respondent/State.

Heard on I.A. No.1535/2020, which is third application for suspension of sentence and grant of bail to the appellant. The previous one (I.A. No.3063/2019) was dismissed as withdrawn vide order dated 15/10/19.

This appeal has been preferred against the judgment dated 31/3/2017 passed by I Additional Sessions Judge, Sheopur, District Sheopur in S.T. No.45/2013, whereby the appellant has been convicted and sentenced as under:-

Convicted under section

Sentenced to

489A of the IPC

Undergo R.I. for 10 years with fine of Rs.2000/- in default to suffer R.I. for two months.

489B of the IPC

Undergo R.I. for 7 years with fine of Rs.2000/- in default to suffer R.I. for two months.

489C of the IPC

Undergo R.I. for 5 years with fine of Rs.1000/- in default to suffer R.I. for one month

489D of the IPC

Undergo R.I. for 7 years with fine of Rs.1000/- in default to suffer R.I. for one month

with the direction that the custodial sentences shall run concurrently.

Learned counsel for the appellant submits that the appellant has already suffered incarceration of about 3 years and 3 months. It is submitted that fine amount has already been deposited by the appellant.  It is further submitted that there are omissions and contradictions in the evidence of the prosecution witnesses. There are fair chances of success of this appeal, but the appeal may take long time for its conclusion and in view of COVID-19 outbreak, detention of appellant in already congested prisons may be detrimental. With the aforesaid submissions, prayer for suspension of sentence is made.

The prayer is opposed by learned Panel Lawyer.

At this stage, learned counsel for the appellant volunteered to deposit an amount of Rs.5,000/-(Rupees Five Thousand Only) in Prime Minister Citizen Assistance and Relief in Emergency Situation Fund (PM Cares Fund).

An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, the I.A. is allowed It is, therefore, directed that if appellant namely Ramdeen deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) to the satisfaction of trial Court for his appearance before the Registry of this Court on 8th December, 2020 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. The appellant shall install Aarogya Setu App (if not already installed) in his mobile phone also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

It is made clear that benefit of suspension of custodial sentence and grant of bail shall be extended to the appellant only on depositing an amount of Rs.5,000/- (Rupees five thousand only) in the Prime Minister Citizen Assistance and Relief in Emergency Situation Fund (PM Cares Fund). The appellant shall submit an attested copy of its receipt before the concerning Court for keeping the same on record of the case.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.